- 34 -
in preparation for collective bargaining. (T., p 58 LL. 5-11) Nor are cost and budget
projections and case flow analysis performed by the business manager even those
these functions are listed the job description for the position. (T., p. 110 L. 20-23;
Ex. E-3) Any calculations are limited to fixed administrative costs such as rent. (T-, p. II 7,
The business manager does not sit in management meetings regarding labor relations or
prepare any documents for use in labor relations. (T., p. 115, LL. 6-16) It is the general
manager and not the business manager who prepares grievances and disciplinary notices.
(T., p. 119, LL. 15-17) Moreover, the business manager does not manage anyone as there is
no one else in the department. (T., p. 115, LL. 17-22). At times, the business manager will
supervise unpaid staff or volunteers, as would any other paid staff or paid directors who
are in the bargaining unit, (T., p. 116 LL. 1-12) However, the work she supervises is the
routine input of numbers into the credit card machine, simflar to what a sales clerk in a
store would do. (T., p. 116 L. 8 - p. 117, L. 8)
The business manager does not handle any legal documents and, in fact, was reprimanded
by the general manager when she accidentally opened one such document. (T., p. 131 L. 7 -- p.
132 L. 6). Her involvement with insurance benefits is limited to accepting membership form and
sending them to the insurance company. (T., p. 56, LL. 17-25). In sum, the business manager
performs functions solely of a clerical and bookkeeping nature.
Merely having access to files containing confidential material including personnel
records and records of grievances, does not establish confidential status. Rhode Island
Hospital, 313 NLRB 343, 351 (1993). Nor does typing of employees evaluations or maintaining
personnel files establish confidential status. Id., 313 NLRB at 351. Moreover, the Board has
held that the "mere
Previous Page ---------- Next Page
Up to the briefs page.